Learn about the Indian Housing Society’s parking regulations.

It’s an astounding 4.1 million cars sold in India, but there were not enough parking spots to accommodate all the growth. Due to poor space management, residents of housing societies also have parking problems. Propertywala explains the common issues residents face when parking their cars in this article and the rules surrounding parking in Indian housing societies.

Parking regulations in a housing community 

Housing societies’ regulations regarding apartment parking can be confusing to tenants. Here’s a sharp image: 

The Maharashtra Ownership Flats Act (MOFA) permits societies to design unique parking policies that comply with MOFA standards. For the Resident’s Welfare Association (RWA) to keep a record of parked cars, residents must send in an application form and the vehicle’s RC book. 

  • The first-come, first-served parking policy is outlined in Section 78 of the MOFA and applies to all available spaces. 
  • Those wishing to use stilt parking must apply in writing to the secretary of the society. 
  • A family member may only apply for one parking space per vehicle, and only the legitimate owner of the car may do so. Requests for additional slots undergo evaluation annually to determine if spaces are available. 
  • Section 84 of MOFA establishes the annual parking space fee, which is decided upon at the society’s general body meeting. 
  • The visitor parking regulations, which reserve a minimum of five percent of the space for visitors, require security guards to enforce them, as per the regulations of the Brihanmumbai Municipal Corporation. 
  • Residents must observe traffic laws, put entry stickers on their cars, ask permission before parking for guests, and refrain from blocking other driver’s spaces. 

RERA parking allotment regulations 

The Real Estate Authority (TERRA) in India has regulations governing parking in housing societies. Parking spots are a fundamental benefit the community provides, so builders are forbidden to sell them separately. When builders attempted to sell parking spots separately in 2010-2011, locals objected and went to court. According to the Bombay High Court, parking is a component of shared amenities. The Supreme Court upheld this decision, prohibiting builders from imposing parking fees. 

  • Regulations established by the Ministry of Housing and Urban Affairs stipulate that for every 100 square meters of residential floor area, there should be two equivalent car spaces (ECS). One space for every three bedrooms, as well as two for every four bedrooms, corresponds to this. 
  • Housing societies can establish their parking regulations thanks to the Apartment Acts of each state. 
  • According to the National Building Code, a parking space for a four-wheeler must be at least 13.75 square meters and a space for a two-wheeler must be at least 1.25 square meters. 

RWA’s role in housing society parking policies. 

Similar to the manager of a housing society registered under the Societies Registration Act of 1860 is the Residential Welfare Association (RWA). As stated in the Real Estate Regulatory Authority (RWA) Act, RWAAs must form ninety days following the reservation of a flat. 

  • Social areas that are shared or common are a part of the entire community. 
  • Residents or members of RWA do not own parking spots. 
  • Since it is their responsibility, the MC (RWA) or the General Body can assign parking spaces to registered residents.  
  • Members of RWA can include families, associate members, and homeowners.
  • Parking spaces are numbered by the civic body’s approved LOP (layout plan).  
  • If your car has a RWA sticker, you will not have to go through security checks inside the society. 

Common problems with parking in housing communities

Issues with parking in apartments and society are not uncommon these days. Tenants, residents, and even visitors to the community face these kinds of difficulties. The following are typical problems that could arise when parking in a housing society.  

Unauthorized parking: When residents park more cars than the number of spaces assigned, it creates traffic jams and other problems for housing societies. 

Parking for visitors: When security officers direct guests to park on streets rather than in approved spots, it can cause damage to the vehicles or even theft. 

Unmarked spaces: Improper arrangement or making of parking spaces causes confusion and conflict among neighbors, which is bad for peace. 

Few parking spaces: When residents own more cars than there are parking spaces available, regular parking occurs outside the building, which exacerbates traffic congestion.

Parking restrictions for tenants: Temporary occupants encounter difficulties when parking within society premises because the vehicles of permanent residents cause congestion.  

Unfair parking space distribution: When parking spaces are unfair, causing some residents to occupy multiple spaces while others are left without, it causes tension and discontent in the community.

Car security and protection are assured when you park your car in a safe area. Housing societies either charge a reasonable fee or offer residents designated parking spaces for free. Parking can occasionally become a significant issue that leads to traffic jams and poor management. For this reason, when visiting or purchasing a home in a housing society, it is critical to be aware of its parking policies. Fair parking regulations are required to accommodate the fluctuating demand for parking spaces in housing societies. 

Order of Documents for Property Sale

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Essential Documents

The sale/purchase deed and the housing society share certificate are the major documents required while selling a property. Sale deed serve as confirmation for the land belonging to the seller only and he has full rights to sell the land. Some more documents such as NOC from the housing society, registered house documents and original copies of stamp duty are necessary. Also, the owner/owners have to submit documented consent if it is a joint ownership land.

Necessary clearances

The NOC from the society and title clearance are necessary, but they are not sufficient. The exact details of how old the building is, the carpet and built-up area, car parking status, the floor plan, land title (free hold/lease hold/collectors land), the conveyance of the society and transfer charges of the building and the apartment also have importance.